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ARTICLE · 17 FEBRUARY 2020

Realtors, Treat Yourselves Fairly

Bill 104, Tax Fairness for Realtors Act, 2017 represents a potential opportunity for realtors in Ontario to engage in tax planning strategies that were not previously available to them.

CanadaReal Estate and Construction

Bill 104, Tax Fairness for Realtors Act, 2017 represents a potential opportunity for realtors in Ontario to engage in tax planning strategies that were not previously available to them. Under this proposed Bill, realtors will be permitted to establish a Personal Real Estate Corporation (PREC) and take advantage of the many benefits associated with practicing through a professional corporation. Currently, Bill 104 has been approved in the 1st and 2nd read at the Legislative Assembly of Ontario.1 If it receives Royal Assent, it will come into force.

Ontario has lagged behind other Canadian provinces which currently permit realtors to incorporate professional corporations. British Columbia, Quebec, Manitoba, Saskatchewan, Alberta, and Nova Scotia have already implemented legislation that allows realtors to incorporate a professional corporation. If Bill 104 comes into force, realtors in Ontario who establish a PREC will be permitted to trade real estate through their

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